Cortland, OH asked in Family Law and Child Custody for Ohio

Q: If a father doesn’t have custody of his child can he put a protection order against someone else to “protect” the child

The father doesn’t live in the house with the child and has no court rights. The mother and father never married and he want to put a restraining order against someone who lives in the house with the child so they have to leave.

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1 Lawyer Answer
Nicholas P. Weiss
Nicholas P. Weiss
  • Divorce Lawyer
  • Cleveland Heights, OH
  • Licensed in Ohio

A: The father does not have standing to obtain a restraining order on behalf of the child. He would need to petition the court for emergency custody before he could do that.

This doesn't prevent him from calling the police or CPS, but he himself couldn't ask for a protection order civilly.

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